[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1245.110]



[Page 205-206]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1245_PATENTS AND OTHER INTELLECTUAL PROPERTY RIGHTS--Table of 

Contents

 

                   Subpart 1_Patent Waiver Regulations

 

Sec. 1245.110  Content of petitions.



    (a) Each request for waiver of domestic or foreign rights under 

Sec. 1245.104, Sec. 1245.105, or Sec. 1245.106 shall be by petition 

to the Administrator and shall include:

    (1) An identification of the petitioner, its place of business, and 

address;

    (2) If the petitioner is represented by counsel, the name, address, 

and telephone number of the counsel;

    (3) A citation to the section (Sec. 1245.104, Sec. 1245.105, or 

Sec. 1245.106) under which the petition is submitted, the nature and 

extent of the rights requested, and a positive statement that waiver of 

rights under the cited section is being requested;

    (4) If the petitioner is an employee inventor of the contractor, a 

statement from the contractor that the contractor does not object to 

this petition.

    (5) Information identifying the proposed contract or resulting 

contract, if any;



[[Page 206]]



    (6) A designation of the country or countries, the United States of 

America and/or foreign, in which waiver of title is requested;

    (7) A copy of the invention disclosure if the request is for an 

individual identified invention (under Sec. 1245.105);

    (8) The name, address, and telephone number of the party with whom 

the Board is to communicate when the request is acted upon;

    (9) Whether the petitioner is an entity of or under the control of a 

foreign government;

    (10) The signature of the petitioner or its authorized 

representative; and

    (11) The date of the petition.

    (b) No specific forms need be used. Requests for advanced waiver 

should, preferably, be included with the proposal, but in any event in 

advance of negotiations.

    (c) Petitions for waiver under contracts funded by another agency. 

The content of the petitions for waiver of title to inventions made 

under contracts awarded by NASA on behalf of the Department of Energy 

under Sec. 1245.103(c) shall follow the procedures and form prescribed 

by and shall be acted on by that agency. Petitions under contracts 

awarded by NASA on behalf of other agencies will be coordinated with the 

agency before action is taken by the Board.